4.  The applicant was born in 1930 and lives in Cuxhaven, in Germany.
5.  The applicant is a shareholder of M.T.V Cosmetics Ltd, a company registered under Cypriot law. From 29 January 1992 onwards he has been involved in a number of civil proceedings concerning the above company.
6.  The facts of the case, as submitted by the parties and as derived from the minutes of the proceedings, may be summarised as follows.
7.  On 29 January 1992 the applicant filed application no. 24/92 before the District Court of Nicosia complaining about the oppressive conduct of the majority shareholders of M.T.V. Cosmetics Ltd and requesting a number of remedies in this respect.
8.  On 23 December 1992 the court delivered its judgment finding that there had been oppressive conduct and ordering the purchase of the applicant's shares by the majority shareholders at a price determined by an independent valuer. No appeal was filed against this judgment.
9.  Subsequently, on 26 November 1993 the majority shareholders of the company filed an application (also referred to as application no. 24/92) with the District Court of Nicosia requesting it to issue an order requiring, inter alia, the applicant to transfer his shares to the majority shareholders and to comply with the court's judgment of 23 December 1992.
10.  Following the filing of an ex-parte application by the majority shareholders, the court issued interlocutory orders prohibiting the applicant from, inter alia, transferring and/or alienating his shares pending the proceedings for the execution of the court's judgment of 23 December 1992.
11.  Subsequent to an objection put forward by the applicant, the court set aside the interlocutory orders on 28 January 1994.
12.  On 28 September 1994 the court delivered its judgment dismissing the application of 26 November 1993. It found that the application had no legal basis.
13.  On 10 October 1994 the defendants filed an appeal no. 9296 with the Supreme Court. A cross-appeal was lodged by the applicant on 10 October 1997. Both the appeal and the cross-appeal were withdrawn on 22 January 1999.
14.  On 3 February 1994 the majority shareholders (plaintiffs) of M.T.V Cosmetics Ltd filed civil action no. 1056/94  against the applicant before the District Court of Nicosia requesting, in essence, the enforcement of the court's judgment dated 23 December 1992 in application 24/92 (see paragraph 8 above). They requested a number of remedies in this respect.
15.  On the same date the plaintiffs also filed an ex parte application requesting an interlocutory court order prohibiting the applicant from, inter alia, transferring or alienating his shares pending the proceedings and from interfering with the company's affairs. This application was eventually withdrawn on 11 February 1994.
16.  The statement of claim was filed on 11 November 1994 and on 5 December 1994 the plaintiffs filed an application concerning the applicant's failure to submit his statement of defence and counterclaim. The application was set for hearing for 12 December 1994. The hearing was then adjourned twice, for two months in total, at the applicant's request for the purposes of filing his statement of defence. On 16 February 1995 the applicant filed his statement of defence and counterclaim and on 24 February 1995 the plaintiffs withdrew their application of 5 December 1994. The reply to the defence and counterclaim were filed on 9 March 1995. On 26 May 1995 the case was set for hearing for 12 December 1995, six months and seventeen days later.
17.  In the meantime, an application was filed by the applicant on 28 November 1995 concerning a preliminary objection. The application was fixed for hearing on 9 February 1996. The applicant then withdrew part of the objection and the application was set for hearing for 10 April 1996. On that date the hearing of the application was adjourned until 17 June 1996 at the plaintiffs' request. On that date the hearing was adjourned by the court itself until 4 November 1996 and then, on the latter date, until 15 January 1997, following the retirement of the President of the court. An interlocutory decision was delivered on 31 January 1997 dismissing the preliminary objection.
18.  The hearing of the case began on 11 April 1997 and was concluded on 29 March 1999. Approximately twenty hearing sessions were held. Furthermore, within this period about ten interlocutory applications were examined by the court. The applicant filed nine of these applications on: 18 June 1997 (ex parte application for discovery of documents), 1 July 1997 (application concerning the inspection of documents), 10 July 1997 (ex parte application concerning the taking of evidence in Germany), 5 September 1997 (application requesting access to the company's bank accounts), 25 February 1998 (application concerning the summons of witnesses), 31 July 1998 (application by summons for the quashing/setting aside of a previous order issued by the court), 20 August 1998 (application by summons requesting the suspension of the proceedings pending determination of appeal no. 9296 - see paragraph 13 above), 27 November 1998 (two applications, one for the taking evidence of abroad and one for the discovery of documents). It appears from the minutes of the proceedings that at least two of the above applications were withdrawn by the applicant. The plaintiffs filed one interlocutory application within this period, on 30 September 1997, for the amendment of their statement of claim. The court issued nine interlocutory decisions and/or orders in respect of the above applications and the plaintiffs filed an application before the Supreme Court for leave to apply for an order of certiorari in order to quash/set aside one of the above interlocutory decisions. This application was dismissed by the Supreme Court.
19.  Furthermore, on three separate occasions between 3 July 1998 and 3 December 1998, the court expressed its concern in respect of the length of the proceedings in the case.
20.  On 27 May 1999 the District Court dismissed the action and held that the judgment of 23 December 1992 was unenforceable and did not create legal effects for the parties involved. It observed that the latter judgment was incomplete, since it had left the material issue of the value of the applicant's shares unspecified and had referred the whole issue to an independent valuer who had to assess the price of the shares as if there had not been oppression. The independent valuer's decision could not complete the court's decision since he could not perform judicial functions. Furthermore, the applicant had not been ordered to do anything. It was the defendants in that case who had been ordered to buy the shares.
21.  As regards the length of the proceedings the court observed in its judgment that the hearing of the case had commenced in April 1997 and it was completed in a period of two years. It found that the delay was due to the number of interlocutory applications submitted by the parties, including an application for the amendment of the pleadings in the middle of the hearing of the case and, also, due to the extensive evidence put forward by the parties, including thirty-two exhibits and statements from eleven witnesses. Furthermore, the trial judge noted that his transfer in October 1997 had hindered the progress and completion of the proceedings. Finally, the trial judge considered that the fact that the applicant had not been represented by a lawyer for a great part of the proceedings contributed to the delay.
22.  On 6 November 2000 the court awarded the applicant the amount of 14,998.45 Cyprus pounds (CYP) for legal costs plus interest.
23.  On 22 June 1999 the plaintiffs lodged appeal no. 10571 with the Supreme Court against the first instance judgment of 27 May 1999 and on 22 December 2000 they lodged appeal no. 11002 challenging the award of costs.
24.  On 12 July 1999 the Registrar of the District Court of Nicosia sent the appeal notice to the Chief Registrar of the Supreme Court informing the latter that the court minutes would be sent to the Supreme Court in eight months.
25.  On 5 May 2000 the Chief Registrar of the Supreme Court sent a letter to the Registrar of the District Court of Nicosia requesting that the minutes of the case be sent to the Supreme Court. From 13 July 2000 until 12 June 2001 about eight letters/reminders were sent by the Chief Registrar of the Supreme Court to the District Court in this respect.
26.  In the meantime, it appears that the District Court of Nicosia suspended the execution of its judgment of 27 May 1999 pending the determination of appeal no. 10571, following an application by the plaintiffs seeking a court order in this respect.
27.  On 12 December 2001 the minutes of the first instance proceedings were sent to the Supreme Court and the appeals were fixed for pre-trial directions for 28 January 2002. On that date the appellants' lawyer asked for time for the purpose, inter alia, to make amendments to the grounds of appeal. The appeal was then fixed for 20 March 2002 for pre-trial directions.
28.  On 19 April 2002 the court directed the appellants to file their amended appeal until 3 May 2002 and their written addresses by 17 June 2002. The appellants filed their amended appeal within the deadline but on 17 June 2002 they filed an application requesting an extension of sixty days for the filing of the outline of their addresses. The court examined this application on 25 June 2002 and granted an extension of three weeks to the appellants. On 10 July 2002 and on 13 September 2002 the appellants filed an application for an extension of time for the filing of the outline in their addresses in appeals no. 11002 and no. 10571 respectively. On 19 September 2002 the court examined the above applications and directed that the outlines of the addresses in both appeals should be filed within thirty days. These were filed by the appellants on 17 October 2002.
29.  On 3 December 2002 the applicant filed an application for an extension of seven days for filing the outline of his address. This was granted by the court on 19 December 2002 and the applicant filed the outline on 23 December 2002.
30.  On 21 April 2003 the Supreme Court dismissed both appeals with costs against the appellants.
31.  On 17 July 2003 the applicant filed his list of costs and expenses. This included legal costs at CYP 2,441.70, expenses for the list of costs at CYP 317.46 and expenses incurred due to the fact that he had been permanently residing in Germany at CYP 4,203.15. On 4 November 2003 the Registrar awarded the applicant the amount of CYP 1,940.30 for the first two claims but rejected his latter claim.
32.  The applicant then lodged an appeal (no. 10571) before the Supreme Court requesting the review of the assessment of his costs by the registry. He claimed that his travel expenses to Cyprus and his living expenses therein for the duration of the proceedings should have been reimbursed since at the relevant time he had been permanently residing in Germany.
33.  On 15 June 2005, the Supreme Court dismissed the applicant's appeal. It found that he had failed to establish that he had been a permanent resident of Germany during the material time.
34.  On 14 March 2000 the applicant filed application no.132/00 before the District Court of Nicosia against M.T.V Cosmetics Ltd requesting a number of remedies concerning the formation and activities of the company.
35.  On 12 October 2001 the trial judge issued a decision exempting himself from the proceedings following an objection by the respondent company on 27 September 2001. The case was then put before another judge.
36.  Furthermore, between 5 May 2000 and 17 January 2006, the court dealt with twenty-eight interlocutory applications which were filed by the parties and objections thereto. Eleven of these applications were filed by the applicant and seventeen by the respondents.
37.  In particular the applicant filed: an ex parte application on 21 December 2000 which was dismissed on 16 January 2001; an application on 19 January 2001 for an interim order which he withdrew on 14 June 2001; an ex parte application on 14 March 2001 which was approved on 20 March 2001; an ex parte application on 25 October 2001; an application on 18 April 2002 which was rejected on 14 May 2002 at the applicant's request; an application on 23 April 2002 which he withdrew on 30 April 2002; two ex parte applications on 13 and 14 May 2002 concerning the addition of other respondents to the main application approved  on 6 June 2002 and 23 May 2002 respectively; an application on 23 April 2003 concerning the suspension of the execution of the order of costs which was dismissed by interim decision of 19 February 2004; an ex parte application on 3 June 2003; and, finally, an application on 15 October 2004 for an amendment which he withdrew on 22 September 2005.
38.  The respondents filed two applications on 5 May 2000 and 4 July 2000 for an extension of time for the purpose of filing their observations; three ex parte applications on 23 January 2001, 27 February 2001 and 26 March 2001 requiring the presence of applicant in court for cross-examination purposes on 1 February 2001, 9 March 2001 and 21 May 2001 respectively; an application on 10 September 2001; an application on 27 March 2002 which was partially dismissed by interim decision of 6 August 2002; an application on 18 April 2002; an application on 16 May 2002; an application on 24 March 2003 which was withdrawn on 18 April 2003; an application on 5 September 2003; an application on 9 September 2003 (for the annulment of a previous court order) which was dismissed by interim decision on 19 February 2004; an application on 3 October 2003 requiring the presence of applicant in court for cross-examination purposes; two applications on 7 April 2004 and 29 April 2004  for an extension of time for the purposes of filing an objection to one of the applicant's applications which were granted on 21 April 2004 and 4 May 2004 respectively; an ex parte application on 10 September 2004 requesting leave to cross examine the applicant which was approved on 27 September 2004; and finally, an application on 17 January 2006.
39.  The last interlocutory application was set for directions for 21 February 2006 to allow time to the applicant to file an objection thereto if he so wished. It was then fixed for hearing for 28 March 2006. On that date the hearing did not take place in view of the parties' delayed appearance in court. The court then fixed the hearing of the application for 6 April 2006.
40.  On 11 April 2001 one of the majority shareholders filed civil action 3740/01 before the District Court of Nicosia against M.T.V Cosmetics Ltd, two of the shareholders of the above company and another two companies, seeking a number of remedies, including the restitution of certain of the company's assets which were allegedly fraudulently misappropriated by the above defendants.
41.  On 21 May 2002 the applicant filed an ex parte application before the court requesting that he be added as a second plaintiff to the above action.
42.  By court order of 29 May 2002 the applicant was added as the second plaintiff to the action.
43.  On 17 June 2002 the applicant applied for an extension of time for filing his statement of claim until 20 June 2002. The court approved the application and issued an order in this respect. Furthermore, the first plaintiff and the applicant (second plaintiff) filed their statements of claim on 20 and 21 June 2002 respectively.
44.  From the latter date until 19 February 2004 the court dealt with six interlocutory applications by the parties: two were filed by the first plaintiff, one by the applicant and the rest by the defendants in the action.
45.  On 8 July 2002 the first plaintiff filed an interlocutory application for the issuing of a judgment in accordance with the statement of claim. The application was fixed for 8 October 2002 and adjourned at the parties' request until 6 November 2002. It was then withdrawn on 4 December 2002.
46.  On 27 March 2002 the defendants applied for dismissal of the action. They subsequently withdrew the application on 21 June 2002.
47.  On 16 December 2002 the first plaintiff also filed an ex parte application for the discovery of documents which was approved on 20 December 2002.
48.  On 11 September 2002 the defendants filed an application requesting that the court set aside its order 29 May 2002. The application was fixed for 8 October 2002. On that date an extension was given to the applicant until 6 November 2002 for filing his objection. The application was set for hearing for 11 December 2002 and then adjourned by the court until 10 January 2003. It was then fixed for programming for 6 February 2003 and then 11 March 2003 and set for hearing for 31 March 2003. It was then fixed for directions for 7 April 2003 following a request for some time by the applicant. On that date the applicant filed an application asking for leave to amend his objection to the application. His request was approved and the case was fixed for directions for 5 May 2003. The hearing of the application was held on 2 June 2003. The decision was reserved on 2 June 2003 and the application was rejected by decision of the court on 15 January 2004.
49.  In the meantime, on 3 October 2003, the defendants lodged an interlocutory application. The application was fixed for 4 December 2003 and then for 15 January 2004 following the applicant's request for time in order to file a written objection to the application. The application was approved by the court on 19 February 2004.
50.  On 26 May 2004 an application was lodged requesting that the action be fixed. On 1 June 2004 the court fixed the case for directions for 6 July 2004. The case then appears to have been adjourned twice for direction purposes until 22 September 2004.
51.  From the above date until 31 January 2005 the case was adjourned three times, twice at the defendants' request and one at the applicant's request for the purpose, inter alia, of filing their defence.
52.  The pleadings were completed by 31 January 2005 and on 1 February 2005 an application was filed with the Registrar requesting that the case be fixed for mention. On 7 March 2005 the case was fixed for mention for 12 April 2005 and then 23 May 2005 in view of a question raised by the defendants concerning the statements of claim submitted by the plaintiffs. The case was then adjourned twice until 17 October 2005 pending the determination of an issue concerning the discovery of certain documents and the parties' handling of the case. On 17 October 2005 the case was set for hearing for 1 March 2006.